Brexiteer calls for 'simple' new law to override ECHR judges: 'Got to solve problem now!'


The Tories should bring forward a new law which would “disapply” rulings made by European judges to deal with the small boats crisis, a former Cabinet minister said.

Sir John Redwood said the Conservatives should avoid a “long conversation” on leaving the European Convention on Human Rights (ECHR).

The Thatcherite MP said Rishi Sunak should instead come forward with a “very short” and “simple” new law which would “disapply” rulings made by European judges.

Sir John told TalkTV: “My advice to the Government today is don’t have this long conversation about the overall European human rights position with some kind of manifesto pledge for a year or more’s time, you have got to solve the problem now.

“And the legal fix now is to get Parliament back and put through a very short, simple piece of legislation which instructs all British courts to say it is Parliament’s will we take these necessary actions to stop the boats, notwithstanding anything that the European court might have in mind.

“If you did that, the European court ruling on that would disapply without having to get out of the whole thing and cause all that kind of row and you’d get an instant result.

“I don’t know why the Cabinet doesn’t see this and why it doesn’t get on and do it.”

Sir John’s comments come amid Tory pressure to pull out of the convention, which is ruled on by the European Court of Human Rights.

At least eight Cabinet ministers, along with other senior Conservatives, are prepared to put pulling out of the ECHR in the next manifesto if the Rwanda plan is blocked.

Deportation flights have been grounded since last summer when the Strasbourg court made an 11th-hour intervention.

The Supreme Court is due to rule on the legality of the controversial policy in autumn.

The ECHR is a Council of Europe convention, rather than an EU one, so the UK’s adherence to it was not affected by Brexit.

But withdrawing would put the UK at odds with the majority of European nations and could also cause complications over the operation of the Good Friday Agreement in Northern Ireland and post-Brexit deals with the EU.

Immigration minister Robert Jenrick yesterday did not rule out leaving the ECHR.

Mr Jenrick told Times Radio the Government would do “whatever is necessary”.

He said: “You can see from the Prime Minister, the Home Secretary and myself, our total commitment to this challenge.

“That’s why we’re working on every possible front. That’s why we have produced the most comprehensive plan, I believe, of any European country to tackle this issue.

“And we’ll do whatever is necessary ultimately to defend our borders and to bring order to our asylum system.”

Pressed directly on whether that could include leaving the ECHR, he said: “We will do whatever is required, take whatever necessary action is needed.”

It comes as the number of illegal migrants crossing the English Channel on small boats in the last five-and-a-half years passed 100,000 following fresh arrivals today.

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